No rules!

In response to the recent controversy over the proliferation of counterfeit goods in online stores, Jack Ma said in a post on Weibo on March 7, to be governed like a drunk driver as the governance of counterfeit goods, perhaps will make the problem of counterfeit goods to be solved.

Not coincidentally, Zhu Zhengfu, a member of the National Committee of the Chinese People's Political Consultative Conference (CPPCC), also suggested that the establishment of quality inspection, public security, industry and commerce, health and other departments of the law enforcement mechanism, and increase the criminal penalties for counterfeiting and selling of counterfeits. The proposal and Ma Yun's viewpoint is consistent, are hoping to improve the legal costs of counterfeiting, through the law to crack down on counterfeiting behavior, so that offenders pay a high legal price, in order to achieve the deterrent effect, to curb the market flooded with fake goods.

Now many people have an illusion that the e-commerce platform is flooded with fake products, is due to the excessive development of e-commerce, and therefore will be the blame for the fake products on the e-commerce. In fact, this is the wrong target, do not see the root of the problem.

Counterfeiting behavior has always existed, only previously subject to geographical circulation restrictions, the circulation of counterfeit goods more secretive channels, and more than inundated in the third and fourth-tier cities, rural areas. However, after the rise of e-commerce, courier service outlets spread rapidly, the more open channels of commodity circulation, personal online store is also very convenient, businessmen sitting at home, you can sell goods to the world. This also provides convenient conditions for the circulation of counterfeit goods, counterfeiters and sellers to ride on the bus of e-commerce, to be able to sell counterfeit goods to every corner. Moreover, Taobao, WeChat and other e-commerce store threshold is low, the platform flow is huge, the number of merchants is huge and mixed, but also to the platform management to bring some trouble, invariably increase the difficulty of the fight against counterfeiting.

In fact, compared with offline counterfeiting, network counterfeiting still has the advantage of information, counterfeiters in the online traces, can not all be eliminated, the platform can be through the depth of big data mining, investigating the relevant clues of counterfeit goods, to find the counterfeiting and selling of counterfeits. However, just rely on the e-commerce platform network counterfeiting is not enough, but also need the collaboration of the judiciary, after all, the platform does not have the right to enforce the law, can only provide clues for the judiciary to cooperate with its counterfeiting.

At present, China's criminal law on the production and sale of counterfeiters of the filing standard is the sale of counterfeit amount must reach more than 50,000; product quality law on the production and sale of counterfeit and shoddy behavior of the fine standard remains at 50,000 yuan, unchanged for 24 years, compared to the production and sale of counterfeiters to obtain the windfall profits, almost negligible. In this way, it is difficult to form a deterrent effect.

China has stepped into the consumer era, should stand in the position of consumers, amend the relevant provisions of the law, to improve the penalty standard of counterfeiting behavior. At the same time, the strict implementation of the law, to combat "drunk driving" zero tolerance attitude, to deal with counterfeiting behavior, do not engage in local protection, do not shelter the offenders. In this way, we can curb the production and sale of counterfeit behavior, to maintain fair competition in the market, to protect the legitimate rights and interests of consumers.